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development has been completed. Therefore, the appointment
of a receiver as requested by the Plaintiff is moot. Count
III also requested an accounting of this Defendant as to all '
monies due and payable to Ogolistics, Inc. and Plaintiff,
and that they be required to perform each and every obligation
and provision of the tri-party agreement. There are material
issues of fact concerning these issues which have to be re-
solved. It is thereupon-
ORDERED and ADJUDGED that a partial summary judgment
- in favor of the Defendant as to Count III, as to appointmen t
of a receiver is granted, and denied in all other respects as
to Count III.
Count IV is an action against this Defendant for
breach of the tri-party agreement. This agreement provides
that it may be terminated only upon ten (10) days notice from
the Plaintiff. It appears-that no notice was given and
whether this Defendant breached the terms of this agreement is
a material factual matter that has to be resolved. It is
thereupon
ORDERED and ADJUDGED that this Defendant's motion for
summary judgment is denied as to Count IV.
DONE and~ORD RED at Vero Beach, Indian River County,
Florida this day of March, 1979, ,
~ cult Judge
4
Copies furnished to:
Walter M. Meginniss, Esq.
Dean Tooker, Esq.
Carl F. Ellwanger, Esq_.
John Darlson, Esq.
Robert M. Lloyd, Esq.
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